Morris v. Cleveland

Summary

The Ohio Court of Claims adopted a special master's report and recommendation in a public-records dispute between Herbert J. Morris and the City of Cleveland. Relying on White v. Ross Correctional Institution, the court held that neither party had properly served timely objections under R.C. 2743.75(F)(2), found no facial error in the report, entered judgment for Cleveland, and assessed costs against Morris.

Holdings

1. Objections are not properly filed under R.C. 2743.75(F)(2) when they are served by email rather than by certified mail, return receipt requested. Because Morris's objections were served by email, neither party properly filed timely objections in this case.
2. When no properly filed timely objections are before the court, the court must promptly issue a final order adopting the report and recommendation unless an error of law or other defect is evident on its face.

Questions Presented

1. Whether objections to a special master's report and recommendation under R.C. 2743.75(F)(2) are timely and properly filed when the objecting party serves them by email rather than by certified mail, return receipt requested.
2. Whether the court should adopt the special master's report and recommendation when no properly filed timely objections are before it and no error of law or other defect is evident on the face of the report.

Disposition

other